Leighton ex rel. Kelly, Ball & Co. v. Preston
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of assumpsit brought by Leighton the legal plaintiff, for the use of Kelly, Ball and Ricards, against the appellees. The nar contains a count for goods sold and delivered, the common money counts and a count on an insimul compuiassent. The plea was non assumpsit.
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Appeal from Baltimore county court. This was an action of assumpsit brought by Leighton the legal plaintiff, for the use of Kelly, Ball and Ricards, against the appellees. The nar contains a count for goods sold and delivered, the common money counts and a count on an insimul compuiassent. The plea was non assumpsit. The facts of the case embodied in the exception are as follows: On the 21st of January 1845, the firm of Rosenthall and Mosher, mortgaged to the legal plaintiff, Leighton, certain goods to secure a debt of $330, for which they passed him a promissory note, dated the saíne day…
1Opinion of the CourtMagruder, J.
The appellant claims in this suit a sum of money, which he alleges was received by (lie appellee for his use.
The facts may be given in a few words. Goods were conveyed, by the owners of them, to the appellant, in order to secure the payment of a sum of money due from the former to the latter. Subsequently to the date of this deed, the same persons conveyed them to the appellees, who made sale of them on the 7th February 1845, and received the purchase money.
In making this sale the appellees committed a tort, for which damages might bo recovered. But the party who could have sued for the tort,…
2Cases cited1 opinion
- Jamieson v. BruceCourt of Appeals of Maryland · 1834
3Cited by3 opinions
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Wethered, Tr. v. Alban TractorCourt of Appeals of Maryland · 1961
- Preston v. Leighton ex rel. Kelly, Ball & Co.Court of Appeals of Maryland · 1854